Legislation

Search OpenLegislation Statutes
This entry was published on 2022-01-07
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 33-1301
Unlawful acts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 13
§ 33-1301. Unlawful acts.

It shall be unlawful:

1. For any person to distribute, sell, offer for sale or use within
this state or deliver for transportation or transport in intrastate
commerce or between points within this state through any point outside
this state any of the following:

a. Any pesticide which has not been registered pursuant to the
provisions of this article or any pesticide if any of the claims made
for it or any of the directions for its use differ in substance from the
representations made in connection with its registration, or if the
composition of a pesticide differs from its composition as represented
in connection with its registration; provided that in the discretion of
the commissioner a change in the labeling or formula of a pesticide may
be made within a registration period without requiring reregistration of
the product.

* b. Except as specified in regulation authorizing alternative
pesticide containers, any pesticide unless it:

(1) is in the registrant's or the manufacturer's unbroken immediate
container, and there is affixed to such container, and to the outside
container or wrapper of the retail package, if there be one, through
which the required information on the immediate container cannot be
clearly read, a label bearing (i) the name and address of the
manufacturer, registrant, or person for whom manufactured;

(ii) the name, brand, or trade-mark under which said article is sold;
and

(iii) the net weight or measure of the content; subject, however, to
such reasonable variations as the commissioner may permit; or

(2) meets the requirements of subparagraph one of this paragraph
except that the container has been accidently damaged during handling
prior to sale and the damage has been repaired by such person in
accordance with his or her own specific "minor repair program" approved
by the United States environmental protection agency pursuant to its
October ninth, two thousand nine pesticide container repair interim
policy. A copy of the approved program shall be forwarded to the
department within thirty days of approval and shall be kept at the
person's place of business and be available for department review upon
request.

* NB Effective until July 1, 2022

* b. Except as specified in regulation authorizing alternative
pesticide containers, any pesticide unless it is in the registrant's or
the manufacturer's unbroken immediate container, and there is affixed to
such container, and to the outside container or wrapper of the retail
package, if there be one, through which the required information on the
immediate container cannot be clearly read, a label bearing:

(1) The name and address of the manufacturer, registrant, or person
for whom manufactured;

(2) The name, brand, or trade-mark under which said article is sold;
and

(3) The net weight or measure of the content; subject, however, to
such reasonable variations as the commissioner may permit.

* NB Effective July 1, 2022

c. Any pesticide which contains any substance or substances in
quantities highly toxic to man, determined as provided in section
33-0303, unless the label shall bear, in addition to any other matter
required by this article:

(1) The skull and crossbones;

(2) The word "poison" prominently, in red, on a background of
distinctly contrasting color; and

(3) A statement of an antidote for the pesticide.

d. The pesticide commonly known as standard lead arsenate, basic lead
arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc
arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate,
unless they have been distinctly colored or discolored as provided by
regulations issued in accordance with this article, or any other white
powder pesticide which the commissioner, after investigation of and
after public hearing on the necessity for such action for the protection
of the public health and the feasibility of such coloration or
discoloration, shall, by regulation, require to be distinctly colored or
discolored; unless it has been so colored or discolored; provided, that
the commissioner may exempt any pesticide to the extent that it is
intended for a particular use or uses from the coloring or discoloring
required or authorized by this section if he determines that such
coloring or discoloring for such use or uses is not necessary for the
protection of the public health.

e. Any pesticide which is adulterated or misbranded.

2. For any person to detach, alter, deface, or destroy, in whole or in
part, any label or labeling provided for in this article or regulations
promulgated hereunder, or to add any substance to, or take any substance
from, a pesticide in a manner that may defeat the purpose of this
article.

3. For any person to use for his own advantage or to reveal, other
than to the commissioner or proper officials or employees of the state
or to the courts of this state in response to a subpoena, or to
physicians, or in emergencies to pharmacists and other qualified
persons, for use in the preparation of antidotes, any information
relative to formulas of products acquired by authority of this article.

4. For any person to store or dispose of any pesticide, or of any
container which holds or has held a pesticide, except in compliance with
the rules and regulations of the commissioner.

5. For any person to distribute, sell, offer for sale, purchase for
the purpose of re-sale, or possess for the purpose of re-sale any
restricted use pesticide without a commercial permit issued by the
commissioner.

6. For a commercial permit holder to sell restricted use pesticides
except to the holder of a non-cancelled purchase permit or to the holder
of a commercial permit or a certified applicator.

7. For any person to purchase or possess, except for the purpose of
re-sale, or use any restricted use pesticide without a purchase permit
issued by the commissioner or without being a certified applicator.

8. For any person to engage in application of pesticides without a
pesticide applicator certificate registration issued by the
commissioner, except while working under the direct supervision of a
certified applicator.

8-a. For any person or business to engage in the business of applying
pesticides unless the business is registered by the commissioner.

9. For any person to use 2,4-D (2,4-Dichlorophenoxyacetic acid),
2,4-5-T (Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4
Chlorophenoxyacetic acid) within or in proximity to an affected area, in
violation of an order of the commissioner prohibiting or restricting
such use.

10. For any person to remove or dispose of a seized or quarantined
pesticide by sale or otherwise without the commissioner's permission.

11. In cities with a population of one million or more, it shall be
unlawful to use any pesticide containing the active ingredient
4-aminopyridine, including but not limited to Avitrol.

12. For any state department, agency, public benefit corporation or
any pesticide applicator employed thereby as a contractor or
subcontractor to apply glyphosate on state property, provided that the
application of glyphosate on state property is permitted only for (a)
direct application in circumstances when there is no actual or
significant threat of direct human exposure and no effective and
practicable alternative, and (b) for the following uses, pursuant to
regulations promulgated by the department:

(i) to maintain critical infrastructure;

(ii) to manage roadside vegetation to ensure public safety;

(iii) habitat management for the control of invasive species
identified pursuant to title seventeen of article nine of this chapter,
pests of significant public health importance, noxious weeds designated
by the department as injurious to ecosystem health, and the protection
of critical native plant species; and

(iv) for research purposes to develop sustainable alternatives for
agricultural and environmental usages, as well as research regarding the
environmental motility of glyphosate.

The department shall post information on its website regarding
glyphosate usage pursuant to this section, including amount and
location, by April first of each year.